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2009-36RESOLUTION NO. 2009 - 36 A RESOLUTION AUTHORIZING THE SETTLEMENT OF VILLAGE OF WHEELING V. VILLAGE OF BUFFALO GROVE COOK COUNTY CASE NO. 07 L 13895 BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: SECTION ONE: That in this case, there is a settlement offer pending between the parties for the Village of Buffalo Grove to pay the amount of Forty- Thousand Dollars 00 1100 ($40,000) to the Village of Wheeling, for a mutual release, regarding the subject contract between the parties. The Settlement Agreement attached as Exhibit A is hereby accepted. SECTION TWO: The Village President is authorized to execute any and all documents necessary to effectuate the settlement, including but not limited to the attached Settlement and Release. SECTION THREE: Prior to execution of same, the Village President is authorized to make changes to the agreement which do not materially change the obligations of the Village thereunder. SECTION FOUR: This Resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. AYES: 6 - Braiman, Glover, Berman, Trilling, Stone, Sussman NAYS: 0 - None ABSENT: 0 - None PASSED: September 21 , 2009. APPROVED: September 21 , 2009. APPROVED: Village President ATTEST: Village erk • IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION VILLAGE OF WHEELING, an Illinois municipal corporation, Plaintiff, V. VILLAGE OF BUFFALO GROVE, an Illinois municipal corporation, Defendant. Case No. 2007 L 13895 STIPULATION TO DISMISS It is hereby stipulated and agreed between the Plaintiff VILLAGE OF WHEELING, and the Defendant VILLAGE OF BUFFALO GROVE, through their respective counsel, as follows: It is hereby stipulated and agreed by and between the parties, through their respective counsel, that Plaintiff's cause be dismissed with prejudice on account of the settlement thereof, each party to pay his, her or its own costs, and with the Court to retain jurisdiction for the purposes of enforcing the settlement agreement. VII I: 2416561 VILLAGE OF BUFFALO GROVE BY:- n of its Attorneys ENTER: a lli 14 JUDGE: ^ ROUlt putt -1 744 STATE OF ILLINOIS } } COUNTIES OF COOK AND LAKE } I, LISA LEONTEOS, do hereby certify that I am the duly appointed Deputy Village Clerk of the Village of Wheeling, Cook and Lake Illinois. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entrieg, resolutions, ordinances and documents of the said Village of Wheeling. I DO FURTHER CERTIFY that the annexed and foregoing document Resolution 09 -128 is a true and correct copy of the document presented to the President and Board of Trustees of the Village of Wheeling. I DO FURTHER CERTIFY That the original document, of which the foregoing is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Wheeling, this 1st day of October 2009. �w •�tA. �g Ttc •'y�Fc> 0. .r • �� goy rs ° •o• C -D 1LL1��\� liI Am — 6 - �j Deputy Village Clerk Village of Wheeling Cook and Lake Counties, IL. RESOLUTION 09- l ;Z-S RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A SETTLEMENT AGREEMENT AND MUTUAL RELEASE REGARDING SETTLEMENT OF LITIGATION BETWEEN THE VILLAGE OF WHEELING AND THE VILLAGE OF BUFFALO GROVE WHEREAS, the Village of Wheeling is a home rule unit of government pursuant to the Illinois Constitution of 1970; and WHEREAS, on April 4, 1994, the Village entered into a contract with the Village of Buffalo Grove ( "Buffalo Grove ") and several other entities concerning the development and construction of the Buffalo Grove - Wheeling Bike Path; and WHEREAS, the Village filed a complaint against Buffalo Grove in the Circuit Court of Cook County, Village of Wheeling v. Village of Buffalo Grove., Case No. 07 L 13895, involving Buffalo Grove's breach of contract related to the Bike Path; and WHEREAS, Buffalo Grove has agreed to settle this lawsuit with the Village in exchange for the payment of $40,000.00 and the Village's execution of the attached Settlement Agreement and Mutual Release; and WHEREAS, pursuant to the terms and conditions of the Release and Assignment, in exchange for the receipt of the settlement amount of $40,000.00, the Village agrees to dismiss its lawsuit against Buffalo Grove with prejudice; and NOW THEREFORE, be it resolved by the President and Board of Trustees of the Village of Wheeling, Lake and Cook Counties, Illinois: The settlement agreement between the Village and Buffalo Grove is hereby ratified and approved in which the Village shall receive $40,000.00 from Buffalo Grove in exchange for the dismissal of the Village's complaint against Buffalo Grove. The Village President and Village 2409721 Clerk are hereby authorized to execute the SETTLEMENT AGREEMENT AND MUTUAL RELEASE attached hereto as Exhibit A. Trustee moved, seconded by Trustee F'kC'CZ that Resolution No. 09 - be adopted. President J. Abruscato Trustee D. Argiris Trustee K. Brady Trustee R. Heer Trustee P. Horcher Trustee R. Lang Trustee D. Vogel Adopted this 29th day of September, 2009 by the President and Board of Trustees of the Village of Wheeling, Illinois, pursuant to a roll call vote as set forth above. Approved by me this 29th day of September, 2009. ATTEST: Elaine impson Vil4wlerk 240972_1 G J Abrusc to Village President o • �'�� <`' ee U- rn SEAL • • SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release (hereinafter "Agreement ") is made and entered into as of the day of SQ ,, �,�, 2009 ( "Execution Date "), by and between VILLAGE OF WHEELING, an Illinois Municipal Corporation (hereinafter "Wheeling ") and VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation (hereinafter "Buffalo Grove ") RECITALS WHEREAS, Wheeling and Buffalo Grove desire to fully settle and compromise all matters between themselves relating to the lawsuit known as Village of Wheeling v. Village of Buffalo Grove, Court No. 2007 L 13895, including but not limited to all matters raised or which could be raised in any counter -claim or cross - complaint in connection with the lawsuit, currently pending in the Circuit Court of Cook County ( "Lawsuit ") NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and agreements hereinafter contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed: 1. The parties agree to settle all pending and potential claims related to the Lawsuit. 2. Buffalo Grove shall pay to Wheeling the amount of Forty - Thousand Dollars /00 ($40,000). 3. That Wheeling acknowledges that it has not received a waiver from the Illinois Department of Transportation for the repayment of any grant money given by the Illinois Department of Transportation to the Village of Wheeling for the construction of a bike path described in the Complaint for the Lawsuit. 2410861 1 4. Upon receipt of this Agreement executed by Wheeling and Buffalo Grove and payment of the Forty Thousand Dollars /00 ($40,000) by Buffalo Grove to Wheeling, the parties shall immediately petition the Court for dismissal of the above - captioned lawsuit with prejudice and without costs. 5. Except for the obligations set forth in this Agreement, Wheeling and its respective officials, officers, directors, employees, agents, attorneys, representatives, predecessors, successors, executors, administrators and assigns do hereby release, hold harmless, remise, acquit and forever discharge Buffalo Grove and its and its respective officials, officers, directors, employees, agents, attorneys, representatives, predecessors, successors, executors, administrators and assigns, from any and all claims, demands, damages, costs, expenses, obligations, liabilities, causes, actions, causes of action, suits, debts, accounts, reckonings, bonds, bills, specialties, covenants, controversies, agreements, promises, variances, trespasses, judgments and executions whatsoever, in law or in equity, of any nature or kind whatsoever, whether known or unknown, related to the Lawsuit or the Bike Path Agreement. Included in the above release, Wheeling agrees to release and hold harmless any and all claims against Buffalo Grove regarding the allegations made by Wheeling in the above mentioned Lawsuit or the Bike Path Agreement, including but not limited to any breach of contract, any release of parties from the contract, any breach of contract by any other party to the contract, and any claims the Illinois Department of Transportation may make against Wheeling regarding the bike path grant money, or any other subjects of the Lawsuit from the beginning of time until the Execution Date. 6. Except for the obligations set forth in this Agreement, Buffalo Grove and its respective officials, officers, directors, employees, agents, attorneys, representatives, 241086_1 2 predecessors, successors, executors, administrators and assigns do hereby release, hold harmless, remise, acquit and forever discharge Wheeling and its and its respective officials, officers, directors, employees, agents, attorneys, representatives, predecessors, successors, executors, administrators and assigns, from any and all claims, demands, damages, costs, expenses, obligations, liabilities, causes, actions, causes of action, suits, debts, accounts, reckonings, bonds, bills, specialties, covenants, controversies, agreements, promises, variances, trespasses, judgments and executions whatsoever, in law or in equity, of any nature or kind whatsoever, whether known or unknown, related to the Lawsuit or the Bike Path Agreement. Included in the above release, Buffalo Grove agrees to release and hold harmless any and all claims against Wheeling regarding the allegations made by Wheeling in the above mentioned Lawsuit or arising out of the Bike Path Agreement, including but not limited to any breach of contract, any release of parties from the contract, any breach of contract by any other party to the contract, or any other subjects of the Lawsuit from the beginning of time until the Execution Date. 7. This Agreement is a compromise of disputed claims and does not constitute an admission of any liability on the part of either Wheeling or Buffalo Grove ( "Parties ") 8. Wheeling has not assigned any claims it has or may have against the Buffalo Grove to the Illinois Department of Transportation or any other state agency, in relation to the Lawsuit or the Bike Path Agreement. 9. The Parties further agree that this Agreement represents and contains the entire agreement and understanding between them relative to the subject matter hereof, and supersedes and extinguishes all prior or contemporaneous oral or written understandings (whether express or implied), statements, representations or promises. 2410861 3 i 10. The Parties acknowledge that they have read this Agreement and have been fully advised as to the legal effect of this Agreement, and that they have freely, willingly and voluntarily entered into this Agreement. The Parties also warrant that they have authority to enter into this Agreement, and that the claims, debts, causes of action and obligations released herein have not been assigned or sold to any other person or entity. 11. The Parties further agree that, in the event of any material breach of this Agreement, the party aggrieved shall be entitled to seek to recover from the party who breaches such damages as have been suffered, including costs, expenses and reasonable attorneys' fees. 12. All notices, requests, demands and other communications hereunder shall be in writing, and shall be deemed to have been given when delivered in person or 3 days after mailing by First Class mail (postage prepaid), or delivered by reliable overnight delivery service, providing a receipt evidencing delivery, or by facsimile with a copy also delivered by any of the foregoing means: If to Wheeling, to: Mark Rooney Village Manager Village of Wheeling 2 Community Blvd Wheeling, IL 60090 Fax: 847.459.2656 with a copy to: James V. Ferolo, Esq. Klein, Thorpe & Jenkins, Ltd. 20 N. Wacker Drive Suite 1660 Chicago, IL 60606 -2903 Fax 312.984.6451 241086_1 4 If to Buffalo Grove, to: William Brimm Village Manager Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 -2199 Fax: 847.459.7906 with a copy to: William G. Raysa, Esq. Raysa & Zimmermann LLC 22 S. Washington Ave. Park Ridge, IL 60068 Fax 847.268.8614 i i or at such other address as hereafter shall be furnished by a notice sent in like manner by such addressee to the others. 13. Each provision of this Agreement detailed above shall be interpreted in such a manner as to be effective and valid under the applicable laws the United States of America and the State of Illinois, without regard to conflict of law provisions, but in the event any such provision of this Agreement shall be deemed by a Court of law to affect the validity, legality or enforcement of this Agreement, the provision shall be treated as if it did not appear in this Agreement and all remaining terms and provisions of this Agreement shall subsist and be fully effective according to the tenure of this instrument as if the offending provision had never been included herein. The parties hereby consent to the personal and exclusive jurisdiction and venue of Circuit Court of Cook County, Law Division in all disputes arising under this Agreement and hereby waive any jurisdictional, venue or inconvenient forum objections to such courts. 14. This Agreement may be executed in any number of identical counterparts, and each such copy shall be treated as an original document. 15. Facsimile signatures shall be sufficient for purposes of executing, negotiating and finalizing this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this day • .�.� • ... • 119 VILLAGE OF WHEELING B ca-* e Presi ent 241086_1 5 VILLAGE OF BUFFALO GROVE By Village President Attest: • 0 �Q Village Clerk 1 : SL •yam 241086_1 Attest: Village Clerk